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2002 Supreme(Raj) 1853

RAJASTHAN HIGH COURT
K.K.Acharya, J.
Satya Narain S/o Bhanwarlal - Appellant
Versus
The State of Rajasthan - Respondent
S.B.Criminal Misc. Bail Application No. 3288 of 2002.
Decided On : 24-10-2002

Advocates:
For the Petitioner:G.R. Punia, Advocate.
For the State: Ramesh Purohit, Public Prosecutor.

Headnote:

Rajasthan Excise Act, Section 19/54 - anticipatory bail sought-Recovery of 225 pouch of `deshi' liquor already effected and only investigation is to be completed - Held, it is a fit case for grant of anticipatory bail - Anticipatory bail granted.

JUDGMENT

1. - This bail application under section. 438 Criminal Penal Code has been filed on behalf of petitioner Satya Narain against whom investigation for the offences under section. 19/54 Rajasthan Excise Act is pending at Police Station Sardarshahar, District Churu in FIR No. 261/2002.

2. Learned Counsel for the petitioner submits that 255 pouch of `deshi' liquor has been recovered from the accused-petitioner and recovery has already been done only investigation is to be completed, therefore, accused-petitioner may be released-en anticipatory bail.

3. Learned Public Prosecutor has opposed this bail application.

4. I have considered the arguments of both the parties and looking to the facts and circumstances of the case as recovery has already been done only investigation is to be completed, I find it a fit case for grant of anticipatory bail.

5. In the result, the bail application is allowed and it is directed that petitioner-Satya Narain S/o Bhanwarlal shall be released by the concerned SHO/IO on bail in the event of his arrest on his furnishing a personal bond in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the SHO/Investigating Officer with the following conditions

1. that the petitioner shall make himself available for interrogation by a Police Officer as and when required;

2. that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

3. that the petitioner shall not leave India without the prior per- mission of the Court.
Anticipatory bail application allowed

*******


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